Kauai County, HI Right to Farm: Agricultural Zoning Protection (2026)
Key Facts
- Base density
- 1 dwelling unit per acre
- Max density per parcel
- 5 dwelling units
- Non-residential height cap
- 50 feet, § 8-8.2(a)(1)
- Minimum lot width
- 150 feet, § 8-8.3(e)
- Boundary review cycle
- Every 5 years, § 8-8.3(d)
- Enforcing agency
- Kaua'i Planning Department
Summary
Kaua'i County's Agriculture District zoning protects farmland from residential and urban encroachment by limiting dwelling density to one unit per acre, capping non-residential building height at 50 feet, and restricting subdivision of agricultural parcels to preserve land for farming.
The Agriculture District establishes means by which land needs for existing and potential agriculture can be both protected and accommodated, while providing the opportunity for a wider range of the population to become involved in agriculture by allowing the creation of a reasonable supply of various sized parcels. ... To limit and control the dispersal of residential and urban use within agriculture lands. ... (a) Subject to the density, parcel and other requirements of Sec. 8-8.3 and Subsection (c), the development standards applicable in an Agriculture District shall be the same as those established in Secs. 8-4.3 and 8-4.5 of this Chapter, except that: (1) The maximum height of any building, other than one intended primarily for residential use, shall be 50 feet. ... (1) One dwelling unit for each parcel one acre or larger. (2) One additional dwelling unit for each additional three acres in the same parcel, provided that no more than five dwelling units may be developed on any one parcel.
Full Breakdown
Article 8 of the Kaua'i County Code 1987 Comprehensive Zoning Ordinance establishes the Agriculture District (A) specifically 'to protect the agriculture potential of lands within the County of Kaua'i to insure a resource base adequate to meet the needs and activities of the present and future' and 'to limit and control the dispersal of residential and urban use within agriculture lands,' under § 8-8.1. Section 8-8.2(a) applies the same development standards used in Residential Districts under §§ 8-4.3 and 8-4.5, except that non-residential buildings in the Agriculture District may rise to 50 feet, well above the 20-to-30-foot residential limit.
Residential density is capped separately: § 8-8.2(c) allows one dwelling unit for each parcel of one acre or larger, plus one additional unit for each additional three acres in the same parcel, up to a maximum of five dwelling units on any single parcel. Section 8-8.3 layers on subdivision limits meant to keep agricultural parcels farmable: land in common ownership before September 1, 1972 can be split only under a sliding scale, for example a 10-to-20-acre parcel may be divided into lots no smaller than two acres, and any parcel over 300 acres has most of its acreage barred from subdivision entirely.
Minimum lot width in the Agriculture District is 150 feet, and no lot may be more than four times as long as it is wide, under § 8-8.3(e).
Violations & Fines
Subdividing or developing Agriculture District land in violation of §§ 8-8.2 or 8-8.3 is a misdemeanor under § 8-3.5(a)(3), carrying a fine up to $2,000, with each day of the violation a separate offense. The Planning Director may also pursue civil enforcement under § 8-3.5(b), with civil fines up to $10,000 plus up to $10,000 per day the violation continues, plus a lien against the property.
Frequently Asked Questions
What is the purpose of Kaua'i's Agriculture District zoning?
How many houses can I build on agricultural land on Kaua'i?
Can I subdivide my agricultural parcel on Kaua'i?
Sources & Official References
Other rules in Kauai County
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